Kavi Exports & Imports rep. by its Proprietrix E. Suganthi Chennai v. District Collector Thiruvallur
2015-03-03
M.VENUGOPAL, SATISH K.AGNIHOTRI
body2015
DigiLaw.ai
Judgment :- Satish K. Agnihotri, J. 1. Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for all the respondents in both the writ petitions. Thus, with the consent of the learned counsel for the petitioners and the learned Special Government Pleader, these writ petitions are taken up for final disposal, at the admission stage itself. 2. These writ petitions are filed, calling in question, the legality and validity of notices dated 16.02.2015 issued by the fourth respondent under Section 7 of the Tamil Nadu Act 3 of 1905 (for short “the Act”) and for a direction to the first respondent to dispose of the petitioner's appeal dated 24.2.2015 on merits after affording an opportunity of personal hearing. 3. The case of the petitioners before us, is that there are 700 poor families residing in the area by way of occupying the waste land, which is belonging to the respondents 5 to 7, for more than 50 years and if the respondents 5 to 7 are really taking steps to remove the encroachment of the waste land, there are more than 3000 families to be removed in the name of re-possessing the waste land. 4. By the impugned notices, the petitioners have been asked to show cause, before the District Collector, as to why they should not be evicted from the place in question and their belongings be recovered from the said place, after issuance of notice to them under Section 6 of the Act, inasmuch as they have been in occupation and enjoyment of the Government lands, sans permission. 5. Admittedly, the petitioners have submitted their objection letters to the impugned show cause notices before the fifth respondent and also filed appeals before the first respondent and the same are pending consideration. While so, the instant writ petitions have been filed for the relief, as aforestated. 6. In a case where a representation is made stating that the alleged encroachers are in possession for a long period, it is incumbent on the authorities to verify the facts, in consultation with the Revenue authorities, on examining the revenue records and also, after making a proper survey of the said area. 7.
6. In a case where a representation is made stating that the alleged encroachers are in possession for a long period, it is incumbent on the authorities to verify the facts, in consultation with the Revenue authorities, on examining the revenue records and also, after making a proper survey of the said area. 7. The learned Special Government Pleader also fairly submits that only after passing orders under Section 6 of the Act, steps will be taken for removal of encroachment, if, on enquiry, it is found that there exists an encroachment, contrary to the claim of the petitioners. 8. In view of the foregoing, we direct the authorities concerned to pass appropriate final orders under Section 6 of the Act within a period of six weeks from the date of receipt of a copy of this order. Needless to state that before such orders are passed, an opportunity of hearing shall be given to the alleged encroachers. It is made clear that no steps for removal of encroachment/eviction be taken till final orders are passed under Section 6 of the Act. It is further made clear that the authorities, while taking action for removal of the encroachment, should not adopt the policy of “pick and choose”. The authorities must take action against all the encroachers, after affording an opportunity of hearing, in accordance with law and on merits. 9. With the above direction and observation, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.